Wagner Act
A 1935 American federal statute which recognized employee rights
to collective bargaining, protected the right to belong to a union,
prohibited many anti-union tactics then used by employers, and set
up the National Labor Relations Board. The NLRB was given wide enforcement
powers. It was later amended by the Taft-Hartley Act in 1947.
Waiver
When a person disclaims or renounces to a right that they may have
otherwise had. Waivers are not always in writing. Sometimes a person's
actions can be interpreted as a waiver.
Warranty
A guarantee given on the performance of a product or the doing
of a certain thing. For example, many consumer products come with
warranties under which the manufacturer will repair or replace any
product that fails during the warranty period; the commitment to
repair or replace being the "warranty".
Waste
The abuse, destruction or permanent change to property by one who
is merely in possesion of it as in the case of a tenant or a life
tenant.
Wedlock
Being married. Has the same meaning as "matrimony." Used
mostly to refer to illegitimate children as "born out of wedlock."
Will
A written and signed statement, made by an individual, which provides
for the disposition of their property when they die. (See also codicil
and probate.)
Wire-tapping
An electronic surveillance device which secretly listens in and
records conversations held over a phone line. It is usually only
allowed with the permission of a judge and if it can be shown to
be necessary for the solving of a serious crime.
Without prejudice
A statements set onto a written document which qualifies the signatory
as exempted from it's content to the extent that they may be interpreted
as containing admissions or other interpretations which could later
be used against the person signing; or as otherwise affecting any
legal rights of the person signing. A lawyer will often send a letter
"without prejudice" in case the letter makes admissions
which could later prove inconvenient to the client.
Witness
The regular definition of this word is a person who perceives an
event (by seeing, hearing, smelling or other sensory perception).
The legal definition refers to the court-supervised recital of that
sensory experience, in writing (deposition) or verbally (testimony).
Words of limitation
Words in a conveyance or in a will which set the duration of an
estate. If a will said "to Bob and his heirs", the words
"and his heirs" were words of limitation because they
indicate that Bob gets the land in fee simple and his heirs get
no interest.
Words of purchase
Words which specifically name the person to whom land is being
conveyed. The property is conveyed to specifically and by name in
a legal act such as a conveyance or will. This would preclude, for
example, transfer as a result of intestacy.
Writ
An official court document, signed by a judge or bearing an official
court seal, which commands the person to whom it is addressed, to
do something specific. That "person" is typically either
a sheriff (who may be instructed to seize property, for example)
or a defendant (for whom the writ is the first notice of formal
legal action. In these cases, the writ would command the person
to answer the charges laid out in the suit, or else judgment may
be made against them in their absence).
Wrongful death
An American tort law action which claims damages from any person
who, through negligence or direct act or omission, caused the death
of certain relatives (eg. spouse, children or parent). These actions
are commenced under special "wrongful death" statutes
because under the common law, there is no right of action for survivors
for their own loss as a result of someone's death. The Canadian
equivalent of the wrongful death legislation is generally known
as the "fatal accidents act." In England, it is known
as Lord Campbell's Act.
Wrongful dismissal
Being fired from a job without an adequate reason or without any
reason whatsoever. Employees do not have a right to a job for life
and can be dismissed for economic or performance reasons but they
cannot be dismissed capriciously. Most employment implies an employment
contract, which may be supplemented by labor legislation. Either
could provide for certain procedures to be followed, failing which
any firing is wrongful dismissal and for which the employee could
ask a court for damages against the employer. Can also be referred
to as "dismissal without just cause." Not all states recognize
this tort law action.
© Lloyd Duhaime 1994-1999. The researcher-writer of Duhaime's Legal
Dictionary is a lawyer, Lloyd
Duhaime. For the litigious souls out there with no respect for
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legal dictionary, please be advised that you are using this dictionary
entirely at your own risk with no warranty on content whatsoever.
Also, the information provided in this document is internationally
copyright protected. "Duhaime's Law Dictionary" does not
cover common English words unless they have a distinct meaning in
the law. If you have a good suggested addition for Duhaime's Law
Dictionary, please e-mail Lloyd
at lloyd@duhaime.org but note that this project is volunteer
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